Law / United States / 
Illinois
Student Online Personal Protection Act: parent and student rights over covered information
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Prohibition
What it requires
- Collect a student's covered information only for K through 12 school purposes, do not process it further in a manner incompatible with those purposes, and keep it adequate, relevant, and limited to what is necessary for those purposes (105 ILCS 85/33(a) and (b)).
- If you are a school, let the parent of a student enrolled in the school inspect and review the student's covered information, whether the school, the State Board, or an operator holds it, and give a paper or electronic copy on request; give an electronic copy when asked unless you do not keep the information electronically and reproducing it would be unduly burdensome, charge no more than the State Board's schedule for a paper copy, and deny no parent a copy for inability to pay; a nonpublic school is excepted (105 ILCS 85/33(c)(1) and (2)).
- If you are a school, correct a factual inaccuracy in covered information you hold and confirm the correction with the parent within 90 calendar days after the request; if an operator or the State Board holds the information, notify it of the correction and confirm the correction with the parent within 10 business days after it confirms (105 ILCS 85/33(c)(3)).
- If you are an operator or the State Board, when a school notifies you of a correction, correct the factual inaccuracy and confirm the correction with the school within 90 calendar days after receiving the notice (105 ILCS 85/33(c)(3)(B)).
These lines are LexLint's reading of the law's text.
What this law does
Section 33 provides that a student's covered information shall be collected only for K through 12 school purposes and not further processed in a manner that is incompatible with those purposes. Covered information shall be adequate, relevant, and limited to what is necessary in relation to the K through 12 school purposes for which it is processed.
A parent of a student enrolled in a school, other than a nonpublic school, has the right to inspect and review the student's covered information, whether the school, the State Board, or an operator maintains it. The parent may request from the school a paper or electronic copy of the student's covered information, including covered information maintained by an operator or the State Board.
If a parent asks for an electronic copy, the school must provide one unless it does not keep the information in electronic form and reproducing it electronically would be unduly burdensome, and a school may charge a reasonable copying cost for a paper copy within the State Board's schedule but may not deny a copy to a parent unable to bear the cost.
The parent may request corrections of factual inaccuracies, and where the school holds the inaccurate information it must correct it and confirm the correction with the parent within 90 calendar days after the request.
If an operator or the State Board maintains covered information that contains a factual inaccuracy, the school must notify it of the correction, and the operator or State Board must correct the inaccuracy and confirm the correction with the school within 90 calendar days after receiving the notice. Within 10 business days after the operator or State Board confirms the correction, the school must confirm it with the parent.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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